Constitutional Law: Legislative Power

Front 1

Federal legislative powers are limited and enumerated in A.1 of Constitution.

Back 1

No general police power to enact legislation.

Exceptions: federal lands, Indian reservations, D.C.

Front 2

Taxing, spending and commerce powers are broadest and most important: Necessary and Proper Clause

Back 2

N&P dramatically expands numerated powers by allowing Congress to choose any means (rational/reasonable) to carry them out, as long as those means are not prohibited by the Constitution.

Front 3

Enumerated Powers

Back 3

Including: admiralty, citizenship, bankruptcy, federal property, patents and copyrights, post offices, coining money, territories and D.C., declaring war, raising and supporting armies, providing/maintaining navy

Front 4

Taxing and Spending Powers

Back 4

Congress may tax and spend for general welfare (i.e., any public purpose not prohibited by Constitution, even if not within an enumerated power)

"Strings" must relate to purpose of spending and not violate Constitution

Front 5

Congress may regulate commerce with foreign nations, Indian tribes, and among the states

Interstate Commerce: broadest basis; allows regs of almost anything (even pure local/intrastate if substantial effect on national economy)

Back 5

Interstate Commerce includes:
1) Channels of interstate commerce
2) Instrumentalities of interstate commerce
3) Activities w/substantial effect on interstate commerce in aggregate
[exception: non-economic activity in area traditionally regulated by state, such as local crimes]

Front 6

Congress may delegate legislative power to administrative agencies , if guided by intelligible principle/standard

To President: may not give President of line-item veto (violates bicameralism and presentment.

Back 6

May not give itself a legislative veto to void duly enacted laws. Must pass new legislation.

Front 7

Speech and Debate Clause

Back 7

Congressmen enjoy immunity from civil and criminal liability for legislative veto.

NOT for bribes, speeches and publications outside of Congress.